Page:Psychoactive Substances Act 2016.pdf/13

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Psychoactive Substances Act 2016 (c. 2)

14Premises notices

(1) A senior officer or a local authority may give a premises notice to a person if conditions A and B are met.

(2) A premises notice is a notice that requires the person to whom it is given to take all reasonable steps to prevent any prohibited activity, or a prohibited activity of a description specified in the notice, from being carried on at any premises specified in the notice that are owned, leased, occupied, controlled or operated by the person.

(3) Condition A is that—

(a) the senior officer or local authority reasonably believes that a prohibited activity is being, or is likely to be, carried on at particular premises, and
(b) the person owns, leases, occupies, controls or operates the premises.

(4) Condition B is that the senior officer or local authority reasonably believes that it is necessary and proportionate to give the premises notice for the purpose of preventing any prohibited activity from being carried on at any premises owned, leased, occupied, controlled or operated by the person.

(5) A premises notice may not be given to an individual who is under the age of 18.

(6) For the purposes of this section a person (other than a mortgagee not in possession) “owns” premises in England and Wales or Northern Ireland if—

(a) the person is entitled to dispose of the fee simple in the premises, whether in possession or reversion, or
(b) the person holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of not less than 3 years.

(7) For the meaning of “senior officer”, see section 13(7).

15Prohibition notices and premises notices: supplementary

(1) This section applies to the giving of prohibition notices and premises notices.

(2) A notice must—

(a) set out the grounds for giving the notice;
(b) explain the possible consequences of not complying with the notice.

(3) A notice may be withdrawn by a notice to that effect given by—

(a) where the notice was given by a senior officer, that officer or another senior officer acting on behalf of the same person as that officer;
(b) where the notice was given by a local authority, that local authority.

(4) The withdrawal of a notice does not prevent the giving of a further notice to the same person.

(5) For the meaning of “senior officer”, see section 13(7).

16Further provision about giving notices under sections 13 to 15

(1) This section applies to the giving of notices under sections 13 to 15.

(2) A notice takes effect when it is given.